The Application Analysis Of Punitive Indemnification In The Food Safety Law

China’s food safety issues emerge in endlessly, and food safety connect with the national economy and people’s livelihood. But food safety legislation is not comprehensive. Punitive damages has its own punitive, and a crippling and encourage education can satisfy the current Chinese social and economic rapid development and the needs of the development of social’s economic structure change. Introduce the punitive compensation system into the food safety law can encourage consumer to safeguard their legal rights and make up their loss. In order to achieve law fairness, justice and order value, the counterfeiters should be punished.After collecting the advice of experts and after much deliberation, October 1, 2015, our country began to implement the newly revised “food safety law”. In this revision, the accompany the compensation losses was added and determine the down payment responsibility system principle in the terms of Punitive damages clause, which become one of the biggest highlights of the repairing method.This article analysis the function of punitive damages, meaning, and the connection with the food safety law, trying to find out in the application of the problems in the process of punitive damages, and puts forward some solutions to the problem, hoping to punitive damages can maximize play its unique role.After collecting the advice of experts and deliberating some reference, we find that there are many deficiency in our newly revised “food safety law”, such as consumer have to seek legal remedies for their rights and weak and cannot provide the corresponding evidence failure by themselves. Consumers for gross negligence lead to damage to consumer will be able to ask for punitive damages are not clearly stipulated. Promotional gifts for merchants to consumers of food can cause hurt consumers get compensation is not detailed rules, and so on are urgently needed to solve major problems. Because the food is a special commodity, when we apply punitive damages in food safety incidents, we should be focused on the severity of the punitive damages, in order to make the upsurge to recognize the harmfulness of own behavior and make them not to do it again. Therefore, I suggest that the public welfare lawsuit system and group litigation and small litigation procedure is introduced into the food safety law, and also be proposed the negligence into the adjustment scope of punitive compensation terms of compensation for mental injury. We should increase and improve the calculation of compensation mechanism. Three times as much as the repairing method will lead to a loss of compensation and a down payment responsibility system is introduced into the food safety law, which will timely and fully recover the consumers’ damages. Therefore, in order to perfect the mechanism of the calculation of punitive damages in our country, rich reference factors draw lessons from thedomestic. Foreign countries’ advanced legislative technology and experience determine the elastic compensation, at the same time they set up compensations fund which make compensation, offset the victim loss, which will play to the functions of punitive damages system as far as possible.